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2021 DIGILAW 451 (AP)

Koppula Venkata Rao v. State of Andhra Pradesh

2021-07-23

BATTU DEVANAND

body2021
JUDGMENT Battu Devanand, J. - This writ petition has been filed against the action of the respondents particularly respondent Nos.5 to 8 in not conducting enquiry pursuant to the petitioners' representation/objections, dated 27.03.2021 submitted for deleting enlisting ineligible voters in the voter list, 2019 is the forthcoming Mandal Praja Parishad and Zilla Parishad Elections of Thurpu Palem Village, Nekunampeta Village, Kondapuram Mandal Praja Parishad in S.P.S.R. Nellore District, as illegal, irregular, irrational and violative of principles of natural justice and provisions of the Representation of the People Act, 1950 (43 of 1950), Registration of Electors Rules, 1960 and offends Article 14 of Constitution of India and consequently direct the respondents to delete the names of ineligible voters on the said electors' rolls/voters list and publish fresh voters list for further ongoing elections, in the interest of justice. 2. A counter-affidavit has been filed by the 3 rd respondent. 3. Heard Sri Kotamraju Venkatesh Sarma, learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj appearing for respondent No.1, Sri Vivek S. Chandra Sekhar, learned Standing Counsel for A.P. State Election Commission appearing for respondent Nos.2 to 7 and Sri V. Vinod K Reddy, learned Standing Counsel for Gram Panchayat appearing for the 8th respondent and perused the material available on record. 4. The case of the petitioners is that all the petitioners are permanent residents of Thurpu Palem Village, Nekunampeta Gram Panchayat, Kondapuram Mandal, S.P.S.R. Nellore District and they have been enrolled in the Electoral Rolls of Thurpu Palem Village, Nekunampeta Gram Panchayat about 20 years back duly considering their eligibility and entitlement. 5. Some of the villagers of Thurpu Palem Village, Nekunampeta Gram Panchayat having two votes under Nekunampeta Gram Panchayat of Udayagiri Assembly Constituency and some other Constituencies. In the panchayat elections held on 09.02.2021 to the Nekunampeta Gram Panchayat, 76 ineligible voters whose names are mentioned in the affidavit of the writ petition having two votes in the said election. In such circumstances, petitioners made a complaint orally to the respondent Nos.5 to 8 in the month of January, 2021 requesting to delete the names of ineligible voters in the voters list, 2019. Subsequently, the petitioners made complaint/ representation to the respondents for deletion of the aforesaid ineligible voters. In such circumstances, petitioners made a complaint orally to the respondent Nos.5 to 8 in the month of January, 2021 requesting to delete the names of ineligible voters in the voters list, 2019. Subsequently, the petitioners made complaint/ representation to the respondents for deletion of the aforesaid ineligible voters. Though the respondents are under legal obligation to conduct fair and transparent enquiry with regard to irregularities and publish fresh voter list of ongoing Gram Panchayat elections, they did not issue any notice or conducting any enquiry on the petitioners' representation. Aggrieved by the same, the present writ petition is filed. 6. In the counter-affidavit filed by the 3rd respondent, it is averred at para Nos.4 and 5 as extracted hereunder: 4. It is submitted that any person desiring for deletion of an entry in the electoral roll or objecting to the inclusion of a name in the electoral roll, shall lodge an application in Form-7 as per Rule 13(2) of the Registration of Electoral Rules, 1960. Further, the objection to the inclusion of the name in the electoral roll can only be preferred by a person whose name is already included in that roll. Rule 13 of the Registration of Electoral Rules, 1960 is extracted below for ready reference: "13. Form for claims and objection- (1) Every claim shall be - (a) in Form 6; and (b) signed by the person desiring his name to be included in the roll. (2) Every objection to the inclusion of a name in the roll shall be- (a) in Form 7; and (b) preferred only by a person whose name is already in that roll; ....." 5. It is respectfully submitted that names of the Petitioners are on the concerned electoral and such they are entitled to file Form-7 for the purpose of deleting the names of any voters in that roll. However, the Petitioners have never submitted their objections in the prescribed form or manner and as such, the Petitioners are not entitled to any of the reliefs as prayed for in the instant writ petition. It is respectfully submitted that after receiving the Form - 7, a notice is required to be issued to the proposed voter to be deleted and reasonable opportunity to be heard is also required to be provided before taking any action towards deletion. 7. It is respectfully submitted that after receiving the Form - 7, a notice is required to be issued to the proposed voter to be deleted and reasonable opportunity to be heard is also required to be provided before taking any action towards deletion. 7. Having heard the submissions of the respective counsel and upon perusal of the averments made in the counter-affidavit filed by the 3rd respondent, it is clear that the petitioners have to file Form-7 for the purpose of deleting the name of any voter in that roll. 8. In the present case, the petitioners made representation to the respondents to delete the names of the ineligible voters. But, as per the procedure, they have to submit their objections in the prescribed Form-7. It is stated in the counter-affidavit that after receiving the Form-7, a notice is required to be issued to the proposed voter to be deleted and reasonable opportunity to be heard is also required to be provided before taking any action towards deletion. 9. In view of the above, in the considered opinion of this Court, these petitioners have to submit their objections in Form-7 and on receipt of the same the respondent authorities have to take further steps by following due process of law for deletion of the ineligible voters from the electoral roll. 10. Accordingly, the writ petition is disposed of permitting the petitioners to submit their objections in Form-7 as per Rule 13(2) of the Registration of Electoral Rules, 1960 to the respondents, within a period of two (02) weeks from the date of receipt of a copy of this order. On submission of Form-7 by the petitioners, the respondents are directed to take action in accordance with law to ventilate the grievance of the petitioners, within a period of eight (08) weeks thereafter. 11. There shall be no order as to costs. 12. As a sequel, miscellaneous petitions pending, if any, in the Writ Petition shall stand closed.